What is statutory construction - Essay Example

The Right Honourable Kenneth Clarke QC MP, Lord Chancellor and Secretary of State for Justice made this declaration during his speech at the Dinner for the Judges at the Mansion House. His words sum up the courts’ sentiments when it comes to the issue of statutory interpretation…

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The Right Honourable Kenneth Clarke QC MP, Lord Chancellor and Secretary of State for Justice made this declaration during his speech at the Dinner for the Judges at the Mansion House. His words sum up the courts’ sentiments when it comes to the issue of statutory interpretation. Apparently, among the powers bestowed by the constitution of the United Kingdom unto the judicial branch, the power to interpret laws is the most difficult which the courts exercise with utmost care and caution. Indeed, when an ambiguous Act of Parliament is brought before the court for interpretation, the court is caught between the crossfire of two opposing parties, each wanting for the law to be interpreted in such a way that would favor their interests. However, unlike regular legal battles where the court’s powers are limited to the application of the laws, in the case of statutory construction, the courts are toeing the line between judicial and legislative powers. There are no clear laws to be applied. The courts first need to ascertain what the law is and then apply it to a case before it. The courts need to fathom the spirit and purpose of the law as the Parliament has intended it to be without asking the legislators what the law means. Rather, the courts rely on established principles in trying to determine the intent of the legislators.
In the exercise of its interpretive powers, the courts are governed by established principles of statutory interpretation

... Medical terms must be given and understood within the context of medicine and economic terms must be understood in the same way that economists understand it. The second principle is the pro bono publico. Under this rule, the courts always interpret the law in such a way that it would serve the public good. The courts weigh which of the possible interpretations of a given legislation shall best serve the public good and those that fail this criterion are dismissed. Here, the system of check and balance is at work. When the Parliament passes an ambiguous legislation, the courts ensure that the Acts of Parliament are applied and enforced for the greater and public good. The third principle is called in pari materia. This principle literally translates as “on the like matter”. This rule is basically used when the purpose of the legislation being construed is ambiguous. Pursuant to this rule, the courts are entitled to seek reference to earlier legislations that deal with similar matters in order to unveil the true nature and purpose of the later Act of Parliament. Another important principle in statutory construction is the mischief rule. This rule is commonly applied to legislations that amend or revise prior Acts of Parliament that have been found to have some defects or mischief. Under this rule, when the curative legislation is written in such a way that its purpose is rendered ambiguous, the courts interpret it as having the intention of curing or removing the defect in the prior legislation. No other interpretation shall be given except that it is intended to cure the defect or mischief of the law stated in its purpose in the first place. The next principle in statutory construction is the literal rule basically mandates the courts to use the literal
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...to resolve vagueness and ambiguity that appear in statutes. It is imperative to note that different principles and rules of statutory interpretation may be applied. The application of these principles and rules depend on the nature of the ambiguity and the context in which ambiguity and vagueness arises.5 Statutes are drafted by legal experts and it is the language used in the statutes leave little room for interpretation. However, experience by legal practitioners and scholars have shown that expressions and words in statutes are in some cases ambiguous hence the need to resolve the inconsistencies. They argue sometimes interpretation of legislation may differ from its construction.6 Interpretation is...

.... This is evidenced by the fact that statutes in the United Kingdom are interpreted in a way that harnesses and maintains the economic and social interests of the European Union. References Alder, J 2009, Constitutional and Administrative Law, Palgrave Macmillan. Barak, A 2007, Purposive Interpretation in Law, Princeton University Press. Beermann, J 2011, “Common Law and Statute Law in Administrative Law”, Administrative Law Review, Vol. 63, Issue 1, p. 1- 30 Bennion, F 2002, Statutory Interpretation, Butterworths Law. Cross, R et al. 2005, Cross: Statutory Interpretation, Oxford University Press. Cross, F, 2009, The Theory and Practice of Statutory Interpretation, Stanford University...

...Sta y Interpretation Alec has a criminal liability for obtaining extra cash from Vera by deception. This criminal liability is under s 15 Theft Act 1968 which applies to anyone who takes advantage of someone to obtain his property by deception.
For this case, when Vera approached Smart Alec IT Shop to purchase a computer, she needed something simple that can be used to communicate with his only relative, a grand child who lived in the USA. She estimated that she needed a computer worth around 200 but was told by Alec that for the kind of work she wanted a computer for, she needed one that is worth 2000. In fact the same computer is sold by the shop at 1000 but Alec took advantage of the old woman and charged her more money.
Alec...

...as to merchantable quality , making it clear that it applies to minor defects and covers durability of goods.(2)
------------------------------------------------------------------------------------------------------------2. Carter, J. W. (1993) Party Autonomy and Statutory Regulation: Sale of Goods Commentary on rights of Termination, Journal of Contract Law and rejection:
Impact of the CISG on Australian, English and Canadian law, 93-122
3. Select Committee on European Communities, (1997) Tenth
Report, www.parliment.uk
3
The recent statutes extend the protection not only to individual consumers but to business entities also. Unfair Terms...

...conflict. In the interpretation of statutes, approaches to literal and purposive construction are used, and so are the intrinsic and extrinsic materials. The specific aids to interpretation includes among others:
The Interpretation Act 1978 that defined many common terms to be used in construing any Act that contains the words defined such as "land" in the context of Hutton v Esher UDC 1973 of which "land" included buildings unless stated otherwise.
The Human Rights Act 1997 providing a new canon of statutory interpretation that Acts comply with the European Convention on Human Rights
Interpretation sections found within statutes
The context rule or definition of terms by the rest of the Act
Headings...

...at this level make no new precedents.
In the ideal world, judges are supposed to try cases by implementing laws crafted by legislators. However, real-life cases are not that clear-cut. In different situations, provisions of laws may be vague, and may not be applicable, or simply subject to different interpretation. Hence, there must be ways by which this could be resolved. For vague provisions, the rules of statutory interpretation, which would be discussed below, come into play. Binding precedent plays an important role in the English system by simplifying the work of judges, handling similar cases in the future. Who would want to go through all the trouble of applying difficult and sometimes conflicting rules of...

...what intention is either expressly or by implication conveyed by language used, so far as it is necessary for the purpose of determining whether a particular case or state of facts which is presented to the interpreter falls within it. When the intention is expressed, the task is one simply of verbal construction; but when, as occasionally happens, the statute expresses no intention on a question to which it gives rise, and on which some intention must necessarily be imputed to the Legislature, the interpreter has to determine it by inference grounded on legal principles.” (Maxwell, 1991, p. 1)
Looking at the history of statutory interpretation we find that since the 6th century onwards in the...

..., is presumed to provide civil liability relief for breach of statute. Albeit breach of statutory duty is a little bit difficult because of the reasons already mentioned, such as the difficulty of proving Parliament’s intent, which entails the use of statutoryconstruction, it has the advantage of the reverse burden of proof as exemplified by s 40 of the Health and Safety at Work Act 1974. The implication is that once the duty under a statute is established, the burden of proof shifts to the employer to prove that he has complied with it. Davis v Health and Safety Executive10 justified this reversed burden of proof as “necessary and compassionate and was therefore, not incompatible with...

...Sta y Analysis Report Sta y Analysis Report Introduction Based on the Laws of New Hampshire regarding drinking under theinfluence, it is illegal to drive or operate a motor vehicle while drunk and doing this may lead to arrest by the law enforcement agencies. The penalties for persons caught driving while drunk vary according to the conduct of the offender, the charge, as well as the probability of the offender to have committed past offences. The charges may be reduced with regard to how the case is argued by the parties involved; an experienced lawyer may lead to the reduction of the charges if he argues out the case competently (Stevens, 2012).
Scenario 1
In this scenario, Joe citizen is liable for the offence of having drunk... y Analysis ...

...Sta y Interpretation Introduction Sta y interpretation is the act or process of interpreting and applying legislation. It is the principles developed by courts for interpreting statutes. ON the other hand it can also be referred to as statutoryconstruction. Sometimes the words of a statute contain have a plain and direct meaning. However in most cases they contain some ambiguity or vagueness in the words of the statute which needs to be resolved by the judge.
In this respect various tools and methods of statutory interpretations, including traditional canons of statutory interpretation, legislative history, and purpose are used by the judge to find meanings of...

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